BILL NUMBER: SB 1563	CHAPTERED  09/26/00

	CHAPTER   678
	FILED WITH SECRETARY OF STATE   SEPTEMBER 26, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 24, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 29, 2000
	AMENDED IN ASSEMBLY   AUGUST 24, 2000
	AMENDED IN ASSEMBLY   AUGUST 7, 2000
	AMENDED IN ASSEMBLY   JUNE 27, 2000
	AMENDED IN ASSEMBLY   JUNE 14, 2000
	AMENDED IN SENATE   MAY 9, 2000

INTRODUCED BY   Senator Leslie

                        FEBRUARY 18, 2000

   An act to amend Sections 8741, 8761, 8762, 8771, and 8773.2 of the
Business and Professions Code, and to amend Section 66466 of the
Government Code, relating to land surveyors.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1563, Leslie.  Real property.
   (1) Existing law, with respect to licensure under the Professional
Land Surveyors' Act, authorizes the Board of Professional Engineers
and Land Surveyors to prescribe by regulation reasonable educational
or experience requirements but not to exceed 2 years of postsecondary
education in land surveying for admission to the first division of
the licensure examination.
   This bill would require the board to prescribe by regulation
reasonable educational or experience requirements to include 2 years
of postsecondary education in land surveying, 2 years experience in
land surveying, or a combination of one year of postsecondary
education and one year of experience in land surveying for admission
to the first division of the examination.
   (2) Existing law requires every map or plat issued by a licensed
land surveyor or registered civil engineer to show the bearing and
length of lines, scale of map and north arrow, the name and legal
designation of the property depicted, and the date or time period of
the preparation of the map or plat.
   This bill would delete the requirement that these items be
included on each map or plat issued by a licensed land surveyor or
registered civil engineer.
   (3) Existing law requires the perpetuation by specified means of
the location of monuments that control the location of boundaries and
improvements or that provide survey control when a highway,
right-of-way, or easement is improved, constructed, reconstructed, or
relocated.
   This bill would additionally impose this requirement when a
highway, right-of-way, or easement is maintained or resurfaced and
would specify that it applies only if the monument could be
destroyed, damaged, covered, or otherwise obliterated as a result of
these activities.
   (4) Existing law provides for the filing of a record of survey,
after the making of a field survey with the county surveyor, and the
record of survey to thereafter be filed with the county recorder.
   This bill would require the county recorder to provide the
preparer of the map with the filing data, as defined, within 10 days
of the filing if a postage-paid, self-addressed envelope or postcard
was submitted by the preparer.  The bill would also require the
county surveyor to provide the preparer of a corner record with
applicable filing data, as defined, within 20 days of a final filing
if a postage-paid, self-addressed envelope or postcard was submitted
by the preparer and the county surveyor's office does not maintain an
electronic data base of filed corner records that is accessible to
the public.  The bill would also make certain clarifying changes in
the act, and conforming changes in provisions of the Subdivision Map
Act, as specified.  The bill would impose a state-mandated local
program because it requires local officials to provide a higher level
of service.
   (5) This bill would incorporate additional changes in Sections
8761 and 8771 of the Business and Professions Code proposed by SB
1863, to become operative only if both bills are enacted and become
operative on or before January 1, 2001, and this bill is enacted
last.
  (6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 8741 of the Business and Professions Code is
amended to read:
   8741.  (a) The first division of the examination shall test the
applicant's fundamental knowledge of surveying, mathematics, and
basic science.  The board shall prescribe by regulation reasonable
educational or experience requirements including two years of
postsecondary education in land surveying, two years of experience in
land surveying, or a combination of one year of postsecondary
education and one year of experience in land surveying for admission
to the first division of the examination.  Applicants who have passed
the engineer-in-training examination, or who hold professional
engineer registration, are exempt from this division of the
examination.
   The second division of the examination shall test the applicant's
ability to apply his or her knowledge and experience and to assume
responsible charge in the professional practice of land surveying.
   (b) The applicant for the second division examination shall have
successfully passed the first division examination, or shall be
exempt therefrom.  The applicant shall be thoroughly familiar with
(1) the procedure and rules governing the survey of public lands as
set forth in "Manual of Surveying Instructions," published by the
Bureau of Land Management, Department of the Interior, Washington,
D.C. and (2) the principles of real property relating to boundaries
and conveyancing.
   (c) The board may by rule provide for a waiver of the first
division of the examination for applicants whose education and
experience qualifications substantially exceed the requirements of
Section 8742.
   (d) The board may by rule provide for a waiver of the second
division of the examination and the assignment to a special
examination for those applicants whose educational qualifications are
equal to, and whose experience qualifications substantially exceed,
those qualifications established under subdivision (c).  The special
examination may be either written or oral, or a combination of both.

  SEC. 2.  Section 8761 of the Business and Professions Code is
amended to read:
   8761.  Any licensed land surveyor or registered civil engineer may
practice land surveying and prepare maps, plats, reports,
descriptions, or other documentary evidence in connection with that
practice.  All maps, plats, reports, descriptions, or other documents
issued by the licensed land surveyor or registered civil engineer
shall be signed by the surveyor or engineer to indicate the surveyor'
s or engineer's responsibility for them.  In addition to the
signature, the map, plat, report, description, or other document
shall bear the seal or stamp of the licensee or registrant and the
expiration date of the license or registration.  If the map, plat,
report, description, or other document has multiple pages or sheets,
the signature, seal or stamp, and expiration date of the license or
registration need only appear on the originals of the map or plat and
on the title sheet of the report, description, or other document.
   It is unlawful for any person to sign, stamp, seal, or approve any
map, plat, report, description, or other document unless the person
is authorized to practice land surveying.
  SEC. 2.5.  Section 8761 of the Business and Professions Code is
amended to read:
   8761.  Any licensed land surveyor or registered civil engineer may
practice land surveying and prepare maps, plats, reports,
descriptions, or other documentary evidence in connection  with that
practice.  All maps, plats, reports, descriptions, or  other
documents issued by the licensed land surveyor or registered civil
engineer shall be signed by the surveyor or engineer to indicate the
surveyor's or engineer's responsibility for them.  In addition to the
signature, the map, plat, report, description, or other document
shall bear the seal or stamp of the licensee or registrant and the
expiration date of the license or registration.  If the map, plat,
report, description, or other document has multiple pages or sheets,
the signature, seal or stamp, and expiration date of the license or
registration need only appear on the originals of the map or plat and
on the title sheet of the report, description, or other document.
   It is unlawful for any person to sign, stamp, seal, or approve any
map, plat, report, description, or other document unless the person
is authorized to practice land surveying.
   It is unlawful for any person to stamp or seal any map, plat,
report, description, or other document with the seal after the
certificate of the licensee that is named on the seal has expired or
has been suspended or revoked, unless the certificate has been
renewed or reissued.
  SEC. 3.  Section 8762 of the Business and Professions Code is
amended to read:
   8762.  After making a field survey in conformity with the practice
of land surveying, the surveyor or civil engineer may file with the
county surveyor in the county in which the survey was made, a record
of the survey.
   After making a field survey in conformity with the practice of
land surveying, the licensed land surveyor or registered civil
engineer shall file with the county surveyor in the county in which
the field survey was made a record of the survey relating to land
boundaries or property lines, if the field survey discloses any of
the following:
   (a) Material evidence or physical change, which in whole or in
part does not appear on any subdivision map, official map, or record
of survey previously recorded or properly filed in the office of the
county recorder or county surveying department, or map or survey
record maintained by the Bureau of Land Management of the United
States.
   (b) A material discrepancy with the information contained in any
subdivision map, official map, or record of survey previously
recorded or filed in the office of the county recorder or the county
surveying department, or any map or survey record maintained by the
Bureau of Land Management of the United States.  For purposes of this
subdivision, a "material discrepancy" is limited to a material
discrepancy in the position of points or lines, or in dimensions.
   (c) Evidence that, by reasonable analysis, might result in
materially alternate positions of lines or points, shown on any
subdivision map, official map, or record of survey previously
recorded or filed in the office of the county recorder or the county
surveying department, or any map or survey record maintained by the
Bureau of Land Management of the United States.
   (d) The establishment of one or more points or lines not shown on
any subdivision map, official map, or record of survey, the positions
of which are not ascertainable from an inspection of the subdivision
map, official map, or record of survey.
   (e) The points or lines set during the performance of a field
survey of any parcel described in any deed or other instrument of
title recorded in the county recorder's office are not shown on any
subdivision map, official map, or record of survey.
   The record of survey required to be filed pursuant to this section
shall be filed within 90 days after the setting of boundary
monuments during the performance of a field survey or within 90 days
after completion of a field survey, whichever occurs first.
   If the 90-day time limit contained in this section cannot be
complied with for reasons beyond the control of the licensed land
surveyor or registered civil engineer, the 90-day time period shall
be extended until the time at which the reasons for delay are
eliminated.  If the licensed land surveyor or registered civil
engineer cannot comply with the 90-day time limit, he or she shall,
prior to the expiration of the 90-day time limit, provide the county
surveyor with a letter stating that he or she is unable to comply.
The letter shall provide an estimate of the date for completion of
the record of survey, the reasons for the delay, and a general
statement as to the location of the survey, including the assessor's
parcel number or numbers.
   The licensed land surveyor or registered civil engineer shall not
initially be required to provide specific details of the survey.
However, if other surveys at the same location are performed by
others which may affect or be affected by the survey, the licensed
land surveyor or registered civil engineer shall then provide
information requested by the county surveyor without unreasonable
delay.
   Any record of survey filed with the county surveyor shall, after
being examined by him or her, be filed with the county recorder.  The
county recorder shall provide the preparer of the map with the
filing data within 10 days of the filing of the map.
  SEC. 4.  Section 8771 of the Business and Professions Code is
amended to read:
   8771.  (a) Monuments set shall be sufficient in number and
durability and efficiently placed so as not to be readily disturbed,
to assure, together with monuments already existing, the perpetuation
or facile reestablishment of any point or line of the survey.
   (b) When monuments exist that control the location of
subdivisions, tracts, boundaries, roads, streets, or highways, or
provide survey control, the monuments shall be located and referenced
by or under the direction of a licensed land surveyor or registered
civil engineer prior to the time when any streets, highways, other
rights-of-way, or easements are improved, constructed, reconstructed,
maintained, resurfaced, or relocated, and a corner  record or record
of survey of the references shall be filed with the county surveyor.
  They shall be reset in the surface of the new construction, a
suitable monument box placed thereon, or permanent witness monuments
set to perpetuate their location if any monument could be destroyed,
damaged, covered, or otherwise obliterated, and a corner record or
record of survey filed with the county surveyor prior to the
recording of a certificate of completion for the project.  Sufficient
controlling monuments shall be retained or replaced in their
original positions to enable property, right-of-way and easement
lines, property corners, and subdivision and tract boundaries to be
reestablished without devious surveys necessarily originating on
monuments differing from those that currently control the area.  It
shall be the responsibility of the governmental agency or others
performing construction work to provide for the monumentation
required by this section.  It shall be the duty of every land
surveyor or civil engineer to cooperate with the governmental agency
in matters of maps, field notes, and other pertinent records.
Monuments set to mark the limiting lines of highways, roads, streets
or right-of-way or easement lines shall not be deemed adequate for
this purpose unless specifically noted on the corner record or record
of survey of the improvement works with direct ties in bearing or
azimuth and distance between these and other monuments of record.
   (c) The decision to file the required corner record or a record of
  survey shall be at the election of the licensed land surveyor or
registered civil engineer submitting the document.
  SEC. 4.5.  Section 8771 of the Business and Professions Code is
amended to read:
   8771.  (a) Monuments set shall be sufficient in number and
durability and efficiently placed so as not to be readily disturbed,
to assure, together with monuments already existing, the perpetuation
or facile reestablishment of any point or line of the survey.
   (b) When monuments exist that control the location of
subdivisions, tracts, boundaries, roads, streets, or highways, or
provide survey control, the monuments shall be located and referenced
by or under the direction of a licensed land surveyor or registered
civil engineer prior to the time when any streets, highways, other
rights-of-way, or easements are improved, constructed, reconstructed,
maintained, resurfaced, or relocated, and a corner record or record
of survey of the references shall be filed with the county surveyor.
They shall be reset in the surface of the new construction, a
suitable monument box placed thereon, or permanent witness monuments
set to perpetuate their location if any monument could be destroyed,
damaged, covered, or otherwise obliterated, and a corner record or
record of survey filed with the county surveyor prior to the
recording of a certificate of completion for the project.  Sufficient
controlling monuments shall be retained or replaced in their
original positions to enable property, right-of-way and easement
lines, property corners, and subdivision and tract boundaries to be
reestablished without devious surveys necessarily originating on
monuments differing from those that currently control the area.  It
shall be the responsibility of the governmental agency or others
performing construction work to provide for the monumentation
required by this section.  It shall be the duty of every land
surveyor or civil engineer to cooperate with the governmental agency
in matters of maps, field notes, and other pertinent records.
Monuments set to mark the limiting lines of highways, roads, streets
or right-of-way or easement lines shall not be deemed adequate for
this purpose unless specifically noted on the corner record or record
of survey of the improvement works with direct ties in bearing or
azimuth and distance between these and other monuments of record.
   (c) The decision to file  either the required corner record or a
record of survey pursuant to subdivision (b) shall be at the election
of the licensed land surveyor or registered civil engineer
submitting the document.
  SEC. 5.  Section 8773.2 of the Business and Professions Code is
amended to read:
   8773.2.  (a) A "corner record" submitted to the county surveyor or
engineer shall be examined by him or her for compliance with
subdivision (d) of Section 8765 and Sections 8773, 8773.1, and
8773.4, endorsed with a statement of his or her examination, and
filed with the county surveyor or returned to the submitting party
within 20 working days after receipt.
   (b) In the event the submitted "corner record" fails to comply
with the examination criteria of subdivision (a), the county surveyor
or engineer shall return it to the person who submitted it together
with a written statement of the changes necessary to make it conform
to the requirements of subdivision (a).  The licensed land surveyor
or registered civil engineer submitting the corner record may then
make the changes in compliance with subdivision (a) and resubmit the
corner record for filing.  The county surveyor or engineer shall file
the corner record within 10 working days after receipt of the
resubmission.
   (c) If the matters appearing on the corner record cannot be agreed
upon by the licensed land surveyor or the registered civil engineer
and the county surveyor within 10 working days after the licensed
land surveyor or registered civil engineer resubmits and requests the
corner record be filed without further change, an explanation of the
differences shall be noted on the corner record and it shall be
submitted to and filed by the county surveyor.  When the county
surveyor places an explanatory note on a corner record, the county
surveyor shall transmit a copy of the filed corner record within 10
working days of the filing to the licensed land surveyor or
registered civil engineer who submitted the corner record.
   (d) The corner record filed with the county surveyor of any county
shall be securely fastened by him or her into a suitable book
provided for that purpose.
   (e) A charge for examining, indexing, and filing the corner record
may be collected by the county surveyor, not to exceed the amount
required for the recording of a deed.
   (f) If the preparer of the corner record provides a postage-paid,
self-addressed envelope or postcard with the filing of the corner
record, the county surveyor shall provide the preparer of the corner
record with the filing data within 20 days of final filing.  For the
purposes of this subdivision, "filing data" includes the date, book
or volume, and the page at which the corner record is filed by the
county surveyor.  This subdivision shall not apply to a county
surveyor's office that maintains an electronic data base of filed
corner records that is accessible to the public by reference to the
preparer's license number.
  SEC. 6.  Section 66466 of the Government Code is amended to read:
   66466.  (a) The county recorder shall have not more than 10 days
within which to examine a final or parcel map and either accept or
reject it for filing.
   (b) If the county recorder rejects a final or parcel map for
filing, the county recorder shall, within 10 days thereafter, mail
notice to the subdivider and the city engineer if the map is within a
city, or the county surveyor if the map is within the unincorporated
area, that the map has been rejected for filing, giving the reasons
therefor, and that the map is being returned to the city clerk if the
map is within a city, or to the clerk of the board if the map is
within the unincorporated area, for action by the legislative body.
Upon receipt of the map, the clerk shall place the map on the agenda
of the next regular meeting of the legislative body and the
legislative body shall, within 15 days thereafter, rescind its
approval of the map and return the map to the subdivider unless the
subdivider presents evidence that the basis for the rejection by the
county recorder has been removed.  The subdivider may consent to a
continuance of the matter; however, the prior approval of the
legislative body shall be deemed rescinded during any period of
continuance.  If a map is returned to the county recorder, the county
recorder shall have a new 10-day period to examine the map and
either accept or reject it for filing.
   (c) If the county recorder accepts the map for filing, the
acceptance shall be certified on the face thereof.  The map shall be
securely fastened in a book of subdivision maps, in a book of parcel
maps, or in a book of cities and towns which shall be kept for that
purpose, or in any other manner as will assure that the maps will be
kept together.  The map shall become a part of the official records
of the county recorder upon its acceptance by the county recorder for
filing.  If the preparer of the map provides a postage-paid,
self-addressed envelope or postcard with the filing of the map, the
county recorder shall provide the preparer of the map with the filing
data within 10 days of the filing of the map.  For the purposes of
this subdivision, "filing data" includes the date, book or volume,
and the page at which the map is filed by the county recorder.
   (d) The fee for filing and indexing the map is as prescribed in
Section 27372 of the Government Code.
   (e) The original map shall be stored for safekeeping in a
reproducible condition.  The county recorder may maintain for public
reference a set of counter maps that are prints of the original maps
and produce the original maps for comparison upon demand.
   (f) Upon the filing of any map, including amended maps and
certificates of correction for recordation pursuant to this section
or any record of survey pursuant to the Professional Land Surveyors'
Act (Chapter 15 (commencing with Section 8700) of Division 3 of the
Business and Professions Code), the surveyor or engineer who prepared
the document shall transmit a copy of the document, including all
recording information, to the county surveyor, who shall maintain an
index, by geographic location, of the documents.  The county surveyor
may charge a fee not to exceed the fee charged for recording the
document, for purposes of financing the costs of maintaining the
index of the documents.
   The requirements of this subdivision shall not apply to any county
that requires a document filed pursuant to this section to be
transmitted to the county surveyor and requires that official to
maintain an index of those documents.
  SEC. 7.  Section 2.5 of this bill incorporates amendments to
Section 8761 of the Business and Professions Code proposed by both
this bill and SB 1863.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2001,
(2) each bill amends Section 8761 of the Business and Professions
Code, and (3) this bill is enacted after SB 1863, in which case
Section 2 of this bill shall not become operative.
  SEC. 8.  Section 4.5 of this bill incorporates amendments to
Section 8771 of the Business and Professions Code proposed by both
this bill and SB 1863.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2001,
(2) each bill amends Section 8771 of the Business and Professions
Code, and (3) this bill is enacted after SB 1863, in which case
Section 4 of this bill shall not become operative.
  SEC. 9.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
